Environment and the Role of the National Green Tribunal (NGT)

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Environmental Litigation and the Role of the National Green Tribunal (NGT)

National Green Tribunal (NGT) – Environmental litigation in India has evolved significantly over the past few decades, reflecting the growing awareness and urgency surrounding environmental protection and sustainable development.

Central to this evolution is the National Green Tribunal (NGT), established to provide effective and expeditious disposal of causes related to environmental protection and conservation of forests and other natural resources. This article delves into the landscape of environmental litigation in India, the inception and functioning of the NGT, and its pivotal role in shaping environmental jurisprudence.

Evolution of Environmental Litigation in India

The trajectory of environmental litigation in India can be traced back to the 1970s and 1980s, a period marked by a series of environmental disasters and a burgeoning environmental movement. The Bhopal Gas Tragedy of 1984, one of the world’s worst industrial disasters, served as a grim reminder of the catastrophic consequences of industrial negligence. This incident not only highlighted the dire need for stringent environmental regulations but also underscored the importance of having robust legal mechanisms to address environmental grievances.

In response, the Indian government enacted the Environment Protection Act in 1986, with the objective of establishing a comprehensive framework for safeguarding and enhancing the environment. This Act is often regarded as an umbrella legislation, encompassing various aspects of environmental regulation and laying the groundwork for future legal developments in this domain.

Public Interest Litigation and Judicial Activism

The late 20th century witnessed a surge in Public Interest Litigations (PILs) concerning environmental issues. The Indian judiciary, particularly the Supreme Court, adopted an activist stance, interpreting the right to a healthy environment as an integral part of Article 21 of the Constitution of India which explains the fundamental right to life.

This judicial activism led to landmark judgments that expanded the horizons of environmental law. For instance, in the case of M.C. Mehta v. Union of India, the Supreme Court issued directives to control pollution in the Ganges River, emphasising the states duty to protect the environment. Such interventions by the judiciary played a crucial role in not only addressing specific environmental concerns but also in setting precedents for future litigations.

Establishment of the National Green Tribunal

Despite the proactive role of the judiciary, there was a growing consensus on the need for a specialized body dedicated exclusively to environmental matters. This led to the enactment of the National Green Tribunal Act in 2010, establishing the NGT as a statutory body with the mandate to handle environmental disputes involving multi-disciplinary issues. The primary objectives of the NGT are:

Expeditious Disposal: To ensure swift resolution of environmental cases, the NGT is mandated to dispose of applications and appeals within six months of their filing.

Specialized Jurisdiction: The Tribunal has jurisdiction over all civil cases where a substantial question relating to the environment is involved, including enforcement of any legal right relating to the environment.

Principles of Natural Justice: While adjudicating cases, the NGT is guided by principles of natural justice, ensuring fair and unbiased proceedings.

The establishment of the NGT positioned India as the third country globally, after Australia and New Zealand, to have a dedicated environmental tribunal, reflecting its commitment to environmental governance.

Structure and Composition of the NGT

The NGT operates through a principal bench located in New Delhi and four regional benches in Bhopal, Pune, Kolkata, and Chennai. Each bench comprises:

Judicial Members: Retired judges of the Supreme Court or High Courts, bringing in their vast legal expertise.

Expert Members: Individuals with professional qualifications and a minimum of 15 years of experience in environmental or related fields, providing technical insights into complex environmental issues.

This blend of legal and technical expertise enables the NGT to comprehensively address the multifaceted nature of environmental disputes.

Jurisdiction and Powers of NGT

The NGT’s jurisdiction encompasses cases related to various environmental laws listed in Schedule I of the NGT Act, including:

The Water Act, 1974 (Prevention and Control of Pollution)
The Air Act, 1981 (Prevention and Control of Pollution)
The Environment (Protection) Act, 1986
The Forest (Conservation) Act, 1980
The Biological Diversity Act, 2002

While the NGT has wide-ranging powers, it does not have jurisdiction over matters related to the Indian Forest Act, 1927, and the Wildlife (Protection) Act, 1972. The Tribunal is empowered to provide relief and compensation to victims of environmental damage, enforce legal rights related to the environment, and direct restitution of property and the environment. Importantly, the NGT applies the principles of sustainable development, the precautionary principle, and the polluter pays principle while adjudicating cases, ensuring that its decisions align with global environmental standards.

Landmark Judgments and Interventions

Since its inception, the NGT has delivered several significant judgments that have had a profound impact on environmental governance in India. Some notable interventions include:

Vehicular Pollution in Delhi: In a bid to combat the alarming levels of air pollution in the national capital, the NGT directed the deregistration of diesel vehicles older than ten years (Vardhaman Kaushik v. Union of India, 2016 SCC OnLine NGT 2989). This decision underscored the Tribunal's commitment to addressing urban environmental challenges and set a precedent for other cities grappling with similar issues.

Protection of the Sundarbans: Recognizing the ecological significance of the Sundarbans, the NGT banned all construction activities in the region to prevent environmental degradation (Sundarban Foundation v. Union of India, 2017 SCC OnLine NGT 3267). This order highlighted the Tribunals role in preserving ecologically sensitive areas from unchecked developmental activities.

Industrial Pollution: The NGT has been proactive in addressing industrial pollution, exemplified by its directives to various industries to adopt cleaner technologies and adhere strictly to environmental norms. Such interventions have been pivotal in curbing industrial emissions and promoting sustainable industrial practices. For instance, in Alembic Pharmaceuticals Ltd. v. Rohit Prajapathi & Ors., the Supreme Court upheld the NGT’s directive to industrial units for strict adherence to pollution control norms.

Challenges and Criticisms of the NGT

Despite its proactive stance, the National Green Tribunal (NGT) faces several challenges that hinder its effectiveness.

1. Understaffing and Infrastructure Constraints: The NGT has often operated with fewer members than sanctioned, leading to increased workloads and potential delays in case disposal. The lack of regional benches in several states also makes access to environmental justice difficult, particularly for marginalized communities.

2. Enforcement of Orders: Ensuring compliance remains a significant hurdle. There have been multiple instances where industries and state authorities have failed to adhere to the NGT’s directives. For example, despite the Tribunal’s repeated orders regarding waste management and pollution control, implementation at the ground level has been slow due to bureaucratic inertia and lack of political will (Kohli & Menon, 2021).

3. Jurisdictional Limitations: The NGT’s inability to take Suo motu cognizance of environmental issues limits its proactive reach. Unlike the Supreme Court and High Courts, which can initiate action based on media reports or public grievances, the NGT can only act when an application is filed. This restriction often delays urgent environmental interventions

4. Limited Scope of Laws Covered: The NGT’s jurisdiction is restricted to the laws mentioned in Schedule I of the NGT Act, 2010. It does not cover crucial environmental legislation such as the Wildlife Protection Act, 1972, and the Indian Forest Act, 1927. This limitation affects its ability to intervene in cases related to wildlife conservation and large-scale deforestation.

5. Conflict with Other Regulatory Authorities: There have been instances of jurisdictional conflicts between the NGT and other regulatory bodies like the Central Pollution Control Board (CPCB) and state environmental agencies. This overlap often results in confusion over authority and delays in decision-making.

6. Challenges in Scientific and Technical Assessments: Many environmental cases require complex scientific assessments, which the NGT may not always be equipped to handle comprehensively. While the Tribunal includes expert members, the lack of dedicated technical panels for certain issues can impact the depth of scientific evaluation (Rosencranz & Jackson, 2017).

7. Political and Corporate Influence: There have been concerns about political and corporate influence on environmental litigation. In some cases, businesses have used legal loopholes to delay compliance with NGT orders, weakening the effectiveness of its judgments.

Recent Developments and the Way Forward

In recent times, the NGT has continued to assert its role in environmental governance. For instance, in January 2025, the Tribunal oversaw the removal of hazardous waste from the Bhopal Union Carbide plant site, a significant step towards addressing the long-standing environmental and public health crisis resulting from the 1984 disaster. Looking ahead, for the NGT to enhance its effectiveness, several measures can be considered:

Strengthening Infrastructure: Addressing the issue of understaffing by appointing the requisite number of judicial and expert members can expedite case disposal and reduce pendency.

Empowering Suo Motu Actions: Granting the NGT the power to initiate proceedings on its own can enhance its ability to tackle pressing environmental issues proactively.

Enhancing Enforcement Mechanisms: Strengthening mechanisms to ensure compliance with NGT orders can improve the overall efficacy of environmental governance in India.

Conclusion

The NGT has emerged as a crucial institution in India’s environmental governance framework, ensuring swift and effective adjudication of environmental disputes. While challenges persist, its contributions to environmental protection and sustainability are undeniable. Strengthening the Tribunals powers and resources can further enhance its ability to safeguard India’s environmental future.